Senate Bill S4266

                                 BILL NUMBER:  S4266

 TITLE OF BILL :

An act to amend the public officers law, in relation to modifying the
definition of relative


 PURPOSE :

To clarify the definition of the term "relative" as it is used for
purposes of the State's nepotism statute.

 SUMMARY OF PROVISIONS :

Section one amends paragraph (m) of subdivision 1 of section 73 of the
Public Officers Law to modify the current definition of "relative" by
providing an enumerated list of the specific relationships that the
provision is meant to cover.

Section two provides for an immediate effective date.

 EXISTING LAW :

Public Officers Law §73(1)(m) defines the term "relative" as "any
person living in the same household as the individual and any person
              

who is a direct descendant of that individual's grandparents or the
spouse of such descendant."

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

The description of the term "relative" contained in the Public
Officers Law §73(1)(m) was intended to broadly include blood relatives
as well as other people living in the house of the individual who may
not necessarily be blood relatives, such as adopted children or
domestic partners. However. the manner in which the definition was
worded is unclear and has the unintended effect of including other
non-blood relationships (e.g., roommates, foreign exchange students)
within the meaning of the term "relative".  Conversely, relationships
traditionally covered by the term "relative" are not captured within
the scope of the statute, unless such individuals live in the same
household (e.g., foster children, adopted children, stepchildren,
"in-law" relatives and step relatives).

By amending the definition of the term "relative" found in Public
Officers Law §73(1)(m), this proposal will reflect the intention of
the original drafters and provide a definition which is understandable
and consistent with other states.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.